Chidiac v Mosman Council [2015] NSWLEC 1044

Land and Environment Court New South Wales

Medium Neutral Citation: Chidiac v Mosman Council [2015] NSWLEC 1044 Hearing dates: 9 and 10 March 2015 Date of orders: 16 March 2015 Decision date: 16 March 2015 Jurisdiction: Class 1 Before: Moore SC Decision: The appeal is dismissed; Development Application 8.2014.113.1 for the demolition of existing structures at 1 Musgrave Street, Mosman and the erection of a five level residential flat building above two levels of basement car parking is determined by the refusal of development consent; and The exhibits, other than Exhibit 2, are returned. Catchwords: DEVELOPMENT APPLICATION: development standards for height and floor space ratio; adequacy of applications to justify contravention of standards; compatibility of proposed development with objectives of the standards and the objectives of the R3 zone; desired future character of the area; view impacts; amenity of proposed dwellings Legislation Cited: Environmental Planning and Assessment Act 1979 Mosman Residential Development Control Plan 2012 Mosman Local Environmental Plan 2012 State Environmental Planning Policy 1 Development Standards State Environmental Planning Policy Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: Botany Bay City Council v Premier Customs Services Pty Ltd [2009] NSWCA 226 ; (2009) 172 LGERA 338 Category: Principal judgment Parties: W Chidiac (Applicant) Mosman Council (Respondent) Representation: Counsel: Mr A Galasso SC (Applicant) Ms S Duggan SC (Respondent)